S. 2635 2
subject of an outstanding warrant of arrest issued upon the alleged
commission of a felony or serious offense; (d) who is not a fugitive
from justice; (e) who is not an unlawful user of or addicted to any
controlled substance as defined in section 21 U.S.C. 802; (f) who being
a noncitizen (i) is not illegally or unlawfully in the United States or
(ii) has not been admitted to the United States under a nonimmigrant
visa subject to the exception in 18 U.S.C. 922(y)(2); (g) who has not
been discharged from the Armed Forces under dishonorable conditions; (h)
who, having been a citizen of the United States, has not renounced his
or her citizenship; (i) who has stated whether he or she has ever
suffered any mental illness; (j) who has not been involuntarily commit-
ted to a facility under the jurisdiction of an office of the department
of mental hygiene pursuant to article nine or fifteen of the mental
hygiene law, article seven hundred thirty or section 330.20 of the crim-
inal procedure law [or substantially similar laws of any other state],
section four hundred two or five hundred eight of the correction law,
section 322.2 or 353.4 of the family court act, has not been civilly
confined in a secure treatment facility pursuant to article ten of the
mental hygiene law, or has not been the subject of a report made pursu-
ant to section 9.46 of the mental hygiene law; (k) who has not had a
license revoked or who is not under a suspension or ineligibility order
issued pursuant to the provisions of section 530.14 of the criminal
procedure law or section eight hundred forty-two-a of the family court
act; (l) in the county of Westchester, who has successfully completed a
firearms safety course and test as evidenced by a certificate of
completion issued in his or her name and endorsed and affirmed under the
penalties of perjury by a duly authorized instructor, except that: (i)
persons who are honorably discharged from the United States army, navy,
marine corps or coast guard, or of the national guard of the state of
New York, and produce evidence of official qualification in firearms
during the term of service are not required to have completed those
hours of a firearms safety course pertaining to the safe use, carrying,
possession, maintenance and storage of a firearm; AND (ii) persons who
were licensed to possess a pistol or revolver prior to the effective
date of this paragraph are not required to have completed a firearms
safety course and test[, provided, however, persons with a license
issued under paragraph (f) of subdivision two of this section prior to
the effective date of the laws of two thousand twenty-two which amended
this paragraph shall be required to complete the training required by
subdivision nineteen of this section prior to the recertification of
such license; and (iii) persons applying for a license under paragraph
(f) of subdivision two of this section on or after the effective date of
the chapter of the laws of two thousand twenty-two which amended this
paragraph who shall be required to complete the training required under
subdivision nineteen of this section for such license;] (m) who has not
had a guardian appointed for him or her pursuant to any provision of
state law, based on a determination that as a result of marked subnormal
intelligence, mental illness, [incompetency,] incapacity, condition or
disease, he or she lacks the mental capacity to contract or manage his
or her own affairs; [(n) for a license issued under paragraph (f) of
subdivision two of this section, that the applicant has not been
convicted within five years of the date of the application of any of the
following: (i) assault in the third degree, as defined in section 120.00
of this chapter; (ii) misdemeanor driving while intoxicated, as defined
in section eleven hundred ninety-two of the vehicle and traffic law; or
(iii) menacing, as defined in section 120.15 of this chapter; and (o)
S. 2635 3
for a license issued under paragraph (f) of subdivision two of this
section, the applicant shall meet in person with the licensing officer
for an interview and shall, in addition to any other information or
forms required by the license application submit to the licensing offi-
cer the following information: (i) names and contact information for the
applicant's current spouse, or domestic partner, any other adults resid-
ing in the applicant's home, including any adult children of the appli-
cant, and whether or not there are minors residing, full time or part
time, in the applicant's home; (ii) names and contact information of no
less than four character references who can attest to the applicant's
good moral character and that such applicant has not engaged in any
acts, or made any statements that suggest they are likely to engage in
conduct that would result in harm to themselves or others; (iii) certif-
ication of completion of the training required in subdivision nineteen
of this section; (iv) a list of former and current social media accounts
of the applicant from the past three years to confirm the information
regarding the applicants character and conduct as required in subpara-
graph (ii) of this paragraph; and (v) such other information required by
the licensing officer that is reasonably necessary and related to the
review of the licensing application] AND (N) CONCERNING WHOM NO GOOD
CAUSE EXISTS FOR THE DENIAL OF THE LICENSE.
[1-a.] No person shall engage in the business of gunsmith or dealer in
firearms unless licensed pursuant to this section. An applicant to
engage in such business shall also be a citizen of the United States,
more than twenty-one years of age and [shall be required] to maintain a
place of business in the city or county where the license is issued. For
such business, if the applicant is a firm or partnership, each member
thereof shall comply with all of the requirements set forth in this
subdivision and if the applicant is a corporation, each officer thereof
shall so comply.
[1-b.] 1-A. For purposes of subdivision one of this section, serious
offense shall include an offense in any jurisdiction or the former penal
law that includes all of the essential elements of a serious offense as
defined by subdivision seventeen of section 265.00 of this chapter.
Nothing in this subdivision shall preclude the denial of a license based
on the commission of, arrest for or conviction of an offense in any
other jurisdiction which does not include all of the essential elements
of a serious offense.
2. Types of licenses. A license for gunsmith or dealer in firearms
shall be issued to engage in such business. A license for a semiautomat-
ic rifle, other than an assault weapon or disguised gun, shall be issued
to purchase or take possession of such a [semiautomatic rifle] FIREARM
when such transfer of ownership occurs on or after the effective date of
THE chapter [two hundred twelve] of the laws of two thousand twenty-two
that amended this subdivision. A license for a pistol or revolver, other
than an assault weapon or a disguised gun, shall be issued to (a) have
and possess in his dwelling by a householder; (b) have and possess in
his place of business by a merchant or storekeeper; (c) have and carry
concealed while so employed by a messenger employed by a banking insti-
tution or express company; (d) have and carry concealed by a justice of
the supreme court in the first or second judicial departments, or by a
judge of the New York city civil court or the New York city criminal
court; (e) have and carry concealed while so employed by a regular
employee of an institution of the state, or of any county, city, town or
village, under control of a commissioner of correction of the city or
any warden, superintendent or head keeper of any state prison, peniten-
S. 2635 4
tiary, workhouse, county jail or other institution for the detention of
persons convicted or accused of crime or held as witnesses in criminal
cases, provided that application is made therefor by such commissioner,
warden, superintendent or head keeper; (f) have and carry concealed,
without regard to employment or place of possession [subject to the
restrictions of state and federal law], by any person WHEN PROPER CAUSE
EXISTS FOR THE ISSUANCE THEREOF; and (g) have, possess, collect and
carry antique pistols which are defined as follows: (i) any single shot,
muzzle loading pistol with a matchlock, flintlock, percussion cap, or
similar type of ignition system manufactured in or before 1898, which is
not designed for using rimfire or conventional centerfire fixed ammuni-
tion; and (ii) any replica of any pistol described in clause (i) hereof
if such replica[;]:
(1) is not designed or redesigned for using rimfire or conventional
centerfire fixed ammunition, or
(2) uses rimfire or conventional centerfire fixed ammunition which is
no longer manufactured in the United States and which is not readily
available in the ordinary channels of commercial trade.
4-a. [Appeals from denial of an application, renewal, recertification
or license revocation. If an application for a license is denied, not
renewed, not recertified, or revoked, the licensing officer shall issue
a written notice to the applicant setting forth the reasons for such
denial. An applicant may, within ninety days of receipt of such notice,
request a hearing to appeal the denial to the appeals board created by
the division of criminal justice services and the superintendent of
state police. An individual may be represented by counsel at any appear-
ance before the appeals board and shall be afforded an opportunity to
present additional evidence in support of their application. The commis-
sioner of criminal justice services and the superintendent of state
police shall promulgate rules and regulations governing such appeals
process.
4-b.] Processing of license applications. Applications for licenses
shall be accepted for processing by the licensing officer at the time of
presentment. Except upon written notice to the applicant specifically
stating the reasons for any delay, in each case the licensing officer
shall act upon any application for a license pursuant to this section
within six months of the date of presentment of such an application to
the appropriate authority. Such delay may only be for good cause and
with respect to the applicant. In acting upon an application, the
licensing officer shall either deny the application for reasons specif-
ically and concisely stated in writing or grant the application and
issue the license applied for.
[4-c.] 4-B. Westchester county firearms safety course certificate. In
the county of Westchester, at the time of application, the licensing
officer to which the license application is made shall provide a copy of
the safety course booklet to each license applicant. Before such license
is issued, such licensing officer shall require that the applicant
submit a certificate of successful completion of a firearms safety
course and test issued in his or her name and endorsed and affirmed
under the penalties of perjury by a duly authorized instructor.
10. License: expiration, certification and renewal. (a) Any license
for gunsmith or dealer in firearms and, in the city of New York, any
license to carry or possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first day of July, nineteen
hundred sixty-three and not limited to expire on an earlier date fixed
in the license, shall[, except as otherwise provided in paragraph (d) of
S. 2635 5
this subdivision,] expire not more than three years after the date of
issuance. In the counties of Nassau, Suffolk and Westchester, any
license to carry or possess a pistol or revolver, issued at any time
pursuant to this section or prior to the first day of July, nineteen
hundred sixty-three and not limited to expire on an earlier date fixed
in the license, shall expire not more than five years after the date of
issuance; however, in the county of Westchester, any such license shall
be certified prior to the first day of April, two thousand, in accord-
ance with a schedule to be contained in regulations promulgated by the
commissioner of the division of criminal justice services, and every
such license shall[, except as otherwise provided in paragraph (d) of
this subdivision,] be recertified every five years thereafter. For
purposes of this section certification shall mean that the licensee
shall provide to the licensing officer the following information only:
current name, date of birth, current address, and the make, model, cali-
ber and serial number of all firearms currently possessed. Such certif-
ication information shall be filed by the licensing officer in the same
manner as an amendment. Elsewhere than in the city of New York and the
counties of Nassau, Suffolk and Westchester, any license to carry or
possess a pistol or revolver, issued at any time pursuant to this
section or prior to the first day of July, nineteen hundred sixty-three
and not previously revoked or cancelled, shall be in force and effect
until revoked as herein provided. Any license not previously cancelled
or revoked shall remain in full force and effect for thirty days beyond
the stated expiration date on such license. Any application to renew a
license that has not previously expired, been revoked or cancelled shall
thereby extend the term of the license until disposition of the applica-
tion by the licensing officer. In the case of a license for gunsmith or
dealer in firearms, in counties having a population of less than two
hundred thousand inhabitants, photographs and fingerprints shall be
submitted on original applications and upon renewal thereafter ONLY at
[three] SIX year intervals. Upon satisfactory proof that a currently
valid original license has been despoiled, lost or otherwise removed
from the possession of the licensee and upon application containing an
additional photograph of the licensee, the licensing officer shall issue
a duplicate license.
(b) All licensees shall be recertified to the division of state police
every five years thereafter[, except as otherwise provided in paragraph
(d) of this subdivision]. Any license issued before the effective date
of the chapter of the laws of two thousand thirteen which added this
paragraph shall be recertified by the licensee on or before January
thirty-first, two thousand eighteen, and not less than one year prior to
such date, the state police shall send a notice to all license holders
who have not recertified by such time. Such recertification shall be in
a form as approved by the superintendent of state police, which shall
request the license holder's name, date of birth, gender, race, residen-
tial address, social security number, firearms possessed by such license
holder, email address at the option of the license holder and an affir-
mation that such license holder is not prohibited from possessing
firearms. The form may be in an electronic form if so designated by the
superintendent of state police. Failure to recertify shall act as a
revocation of such license. If the New York state police discover as a
result of the recertification process that a licensee failed to provide
a change of address, the New York state police shall not require the
licensing officer to revoke such license.
S. 2635 6
(c) A license to purchase or take possession of a semiautomatic rifle
as defined in subdivision two of this section shall be recertified to
the applicable licensing officer every five years following the issuance
of such license. Failure to renew such a license shall be a violation
punishable by a fine not to exceed two hundred fifty dollars, and such
failure to renew shall be considered by the licensing officer when
reviewing future license applications by the license holder pursuant to
this chapter.
[(d) Licenses issued under paragraph (f) of subdivision two of this
section shall be recertified or renewed in the same form and manner as
otherwise required by this subdivision, provided however, that such
licenses shall be recertified or renewed every three years following the
issuance of such license. For licenses issued prior to the effective
date of this paragraph that were issued more than three years prior to
such date, or will expire in less than one year from such date shall be
recertified or renewed within one year of such date.]
11. License: revocation and suspension. (a) The conviction of a licen-
see anywhere of a felony or serious offense or a licensee at any time
becoming ineligible to obtain a license[, including engaging in conduct
that would have resulted in the denial of a license, under this section
shall operate as or be grounds for,] UNDER THIS SECTION SHALL OPERATE AS
a revocation of the license. A license may be revoked or suspended as
provided for in section 530.14 of the criminal procedure law or section
eight hundred forty-two-a of the family court act. Except for a license
issued pursuant to section 400.01 of this article, a license may be
revoked and cancelled at any time in the city of New York, and in the
counties of Nassau and Suffolk, by the licensing officer, and elsewhere
than in the city of New York by any judge or justice of a court of
record; a license issued pursuant to section 400.01 of this article may
be revoked and cancelled at any time by the licensing officer or any
judge or justice of a court of record. A license to engage in the busi-
ness of dealer may be revoked or suspended for any violation of the
provisions of article thirty-nine-BB of the general business law. The
official revoking a license shall give written notice thereof without
unnecessary delay to the executive department, division of state police,
Albany, and shall also notify immediately the duly constituted police
authorities of the locality. [The licensing officer shall revoke any
license issued in which an applicant knowingly made a material false
statement on the application. Notice of a revocation under this subdivi-
sion shall be issued in writing and shall include the basis for the
determination, which shall be supported by a preponderance of the
evidence. Such notice shall also include information regarding the abil-
ity to appeal such decision in accordance with subdivision four-a of
this section.]
(b) Whenever the director of community services or his or her designee
makes a report pursuant to section 9.46 of the mental hygiene law, the
division of criminal justice services shall convey such information,
whenever it determines that the person named in the report possesses a
license issued pursuant to this section, to the appropriate licensing
official, who shall issue an order suspending or revoking such license.
(c) In any instance in which a person's license is suspended or
revoked under paragraph (a) or (b) of this subdivision, such person
shall surrender such license to the appropriate licensing official and
any and all firearms, rifles, or shotguns owned or possessed by such
person shall be surrendered to an appropriate law enforcement agency as
provided in subparagraph (f) of paragraph one of subdivision a of
S. 2635 7
section 265.20 of this chapter. In the event such license, firearm,
shotgun, or rifle is not surrendered, such items shall be removed and
declared a nuisance and any police officer or peace officer acting
pursuant to his or her special duties is authorized to remove any and
all such weapons.
§ 2. Subdivision 23 of section 837 of the executive law is REPEALED.
§ 3. Section 235 of the executive law is REPEALED.
§ 4. Section 265.01-e of the penal law is REPEALED.
§ 5. Section 265.01-d of the penal law is REPEALED.
§ 6. Paragraph 3-a of subdivision a of section 265.20 of the penal law
is REPEALED.
§ 7. Section 400.02 of the penal law, as amended by chapter 371 of the
laws of 2022, is amended to read as follows:
§ 400.02 Statewide license and record database.
[1.] There shall be a statewide license and record database which
shall be created and maintained by the division of state police the cost
of which shall not be borne by any municipality. Records assembled or
collected for purposes of inclusion in such database shall not be
subject to disclosure pursuant to article six of the public officers
law. [All records] RECORDS containing granted license applications [from
all licensing authorities] shall be [monthly] PERIODICALLY checked by
the division of criminal justice services [in conjunction with the divi-
sion of state police] against criminal conviction, [criminal indict-
ment,] mental health, [extreme risk protection orders, orders of
protection,] and all other records as are necessary to determine their
continued accuracy as well as whether an individual is no longer a valid
license holder. The division of criminal justice services shall also
check pending applications made pursuant to this article against such
records to determine whether a license may be granted. All state [and
local] agencies shall cooperate with the division of criminal justice
services, as otherwise authorized by law, in making their records avail-
able for such checks. The division of criminal justice services, upon
determining that an individual is ineligible to possess a license, or is
no longer a valid license holder, shall notify the applicable licensing
official of such determination and such licensing official shall not
issue a license or [shall] revoke such license and any weapons owned or
possessed by such individual shall be removed consistent with the
provisions of subdivision eleven of section 400.00 of this article.
Local and state law enforcement shall have access to such database in
the performance of their duties. Records assembled or collected for
purposes of inclusion in the database established by this section shall
be released pursuant to a court order.
[2. There shall be a statewide license and record database specific
for ammunition sales which shall be created and maintained by the divi-
sion of state police the cost of which shall not be borne by any munici-
pality no later than thirty days upon designating the division of state
police as the point of contact to perform both firearm and ammunition
background checks under federal and state law. Records assembled or
collected for purposes of inclusion in such database shall not be
subject to disclosure pursuant to article six of the public officers
law. All records containing granted license applications from all
licensing authorities shall be monthly checked by the division of crimi-
nal justice services in conjunction with the division of state police
against criminal conviction, criminal indictments, mental health,
extreme risk protection orders, orders of protection, and all other
records as are necessary to determine their continued accuracy as well
S. 2635 8
as whether an individual is no longer a valid license holder. The divi-
sion of criminal justice services shall also check pending applications
made pursuant to this article against such records to determine whether
a license may be granted. All state and local agencies shall cooperate
with the division of criminal justice services, as otherwise authorized
by law, in making their records available for such checks. No later than
thirty days after the superintendent of the state police certifies that
the statewide license and record database established pursuant to this
section and the statewide license and record database established for
ammunition sales are operational for the purposes of this section, a
dealer in firearms licensed pursuant to section 400.00 of this article,
a seller of ammunition as defined in subdivision twenty-four of section
265.00 of this chapter shall not transfer any ammunition to any other
person who is not a dealer in firearms as defined in subdivision nine of
such section 265.00 or a seller of ammunition as defined in subdivision
twenty-four of section 265.00 of this chapter, unless:
(a) before the completion of the transfer, the licensee or seller
contacts the statewide license and record database and provides the
database with information sufficient to identify such dealer or seller
transferee based on information on the transferee's identification docu-
ment as defined in paragraph (c) of this subdivision, as well as the
amount, caliber, manufacturer's name and serial number, if any, of such
ammunition;
(b) the licensee or seller is provided with a unique identification
number; and
(c) the transferor has verified the identity of the transferee by
examining a valid state identification document of the transferee issued
by the department of motor vehicles or if the transferee is not a resi-
dent of the state of New York, a valid identification document issued by
the transferee's state or country of residence containing a photograph
of the transferee.]
§ 8. Subdivisions 2 and 6 of section 400.03 of the penal law, as
amended by section 8 of chapter 371 of the laws of 2022, are amended to
read as follows:
2. Any seller of ammunition or dealer in firearms shall keep [either
an electronic record, or dataset, or an organized collection of struc-
tured information, or data, typically stored electronically in a comput-
er system] A RECORD BOOK approved as to form by the superintendent of
state police. In the record BOOK shall be entered at the time of every
transaction involving ammunition the date, name, age, occupation and
residence of any person from whom ammunition is received or to whom
ammunition is delivered, and the amount, calibre, manufacturer's name
and serial number, or if none, any other distinguishing number or iden-
tification mark on such ammunition. THE RECORD BOOK SHALL BE MAINTAINED
ON THE PREMISES MENTIONED AND DESCRIBED IN THE LICENSE AND SHALL BE OPEN
AT ALL REASONABLE HOURS FOR INSPECTION BY ANY PEACE OFFICER, ACTING
PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER. ANY RECORD
PRODUCED PURSUANT TO THIS SECTION AND ANY TRANSMISSION THEREOF TO ANY
GOVERNMENT AGENCY SHALL NOT BE CONSIDERED A PUBLIC RECORD FOR PURPOSES
OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
6. If the superintendent of state police certifies that background
checks of ammunition purchasers may be conducted through the national
instant criminal background check system [or through the division of
state police once the division has been designated point of contact],
use of that system by a dealer or seller shall be sufficient to satisfy
subdivisions four and five of this section and such checks shall be
S. 2635 9
conducted through such system, provided that a record of such trans-
action shall be forwarded to the state police in a form determined by
the superintendent.
§ 9. Section 265.45 of the penal law, as amended by chapter 371 of the
laws of 2022, is amended to read as follows:
§ 265.45 Failure to safely store rifles, shotguns, and firearms in the
first degree.
[1.] No person who owns or is custodian of a rifle, shotgun or firearm
who resides with an individual who: (i) is under [eighteen] SIXTEEN
years of age; (ii) such person knows or has reason to know is prohibited
from possessing a rifle, shotgun or firearm pursuant to a temporary or
final extreme risk protection order issued under article sixty-three-A
of the civil practice law and rules or 18 U.S.C. § 922(g) (1), (4), (8)
or (9); or (iii) such person knows or has reason to know is prohibited
from possessing a rifle, shotgun or firearm based on a conviction for a
felony or a serious offense, shall store or otherwise leave such rifle,
shotgun or firearm out of his or her immediate possession or control
without having first securely locked such rifle, shotgun or firearm in
an appropriate safe storage depository or rendered it incapable of being
fired by use of a gun locking device appropriate to that weapon.
[2. No person shall store or otherwise leave a rifle, shotgun, or
firearm out of his or her immediate possession or control inside a vehi-
cle without first removing the ammunition from and securely locking such
rifle, shotgun, or firearm in an appropriate safe storage depository out
of sight from outside of the vehicle.
3.] For purposes of this section "safe storage depository" shall mean
a safe or other secure container which, when locked, is incapable of
being opened without the key, [keypad,] combination or other unlocking
mechanism and is capable of preventing an unauthorized person from
obtaining access to and possession of the weapon contained therein [and
shall be fire, impact, and tamper resistant]. Nothing in this section
shall be deemed to affect, impair or supersede any special or local act
relating to the safe storage of rifles, shotguns or firearms which
impose additional requirements on the owner or custodian of such weap-
ons. [For the purposes of subdivision two of this section, a glove
compartment or glove box shall not be considered an appropriate safe
storage depository.
4.] It shall not be a violation of this section to allow a person less
than [eighteen] SIXTEEN years of age access to: (i) a firearm, rifle or
shotgun for lawful use as authorized under paragraph seven or seven-e of
subdivision a of section 265.20 of this article, or (ii) a rifle or
shotgun for lawful use as authorized by article eleven of the environ-
mental conservation law when such person less than [eighteen] SIXTEEN
years of age is the holder of a hunting license or permit and such rifle
or shotgun is used in accordance with such law.
Failure to safely store rifles, shotguns, and firearms in the first
degree is a class A misdemeanor.
§ 10. Section 400.30 of the penal law is REPEALED.
§ 11. Section 270.20 of the penal law, as amended by chapter 371 of
the laws of 2022, is amended to read as follows:
§ 270.20 Unlawful wearing of A body [armor] VEST.
1. A person is guilty of the unlawful wearing of A body [armor] VEST
when acting either alone or with one or more other persons he commits
any violent felony offense defined in section 70.02 while possessing a
firearm, rifle or shotgun and in the course of and in furtherance of
such crime he or she wears A body [armor] VEST.
S. 2635 10
2. For the purposes of this section A "body [armor] VEST" means [any
product that is a personal protective body covering intended to protect
against gunfire, regardless of whether such product is to be worn alone
or is sold as a complement to another product or garment] A BULLET-RE-
SISTANT SOFT BODY ARMOR PROVIDING, AS A MINIMUM STANDARD, THE LEVEL OF
PROTECTION KNOWN AS THREAT LEVEL I WHICH SHALL MEAN AT LEAST SEVEN
LAYERS OF BULLET-RESISTANT MATERIAL PROVIDING PROTECTION FROM THREE
SHOTS OF ONE HUNDRED FIFTY-EIGHT GRAIN LEAD AMMUNITION FIRED FROM A .38
CALIBRE HANDGUN AT A VELOCITY OF EIGHT HUNDRED FIFTY FEET PER SECOND.
The unlawful wearing of A body [armor] VEST is a class E felony.
§ 12. Section 270.21 of the penal law, as amended by chapter 371 of
the laws of 2022, is amended to read as follows:
§ 270.21 Unlawful purchase of A body [armor] VEST.
A person is guilty of the unlawful purchase of A body [armor] VEST
when, not being engaged or employed in an eligible profession, they
knowingly purchase or take possession of A body [armor] VEST, as such
term is defined in subdivision two of section 270.20 of this article.
This section shall not apply to individuals or entities engaged or
employed in eligible professions, which shall include police officers as
defined in section 1.20 of the criminal procedure law, peace officers as
defined in section 2.10 of the criminal procedure law, persons in mili-
tary service in the state of New York or military or other service for
the United States, and such other professions designated by the depart-
ment of state in accordance with section one hundred forty-four-a of the
executive law.
Unlawful purchase of A body [armor] VEST is a class A misdemeanor for
a first offense and a class E felony for any subsequent offense.
§ 13. Section 270.22 of the penal law, as amended by chapter 371 of
the laws of 2022, is amended to read as follows:
§ 270.22 Unlawful sale of A body [armor] VEST.
A person is guilty of the unlawful sale of A body [armor] VEST when
they sell, exchange, give or dispose of A body [armor] VEST, as such
term is defined in subdivision two of section 270.20 of this article, to
an individual whom they know or reasonably should have known is not
engaged or employed in an eligible profession, as such term is defined
in section 270.21 of this article.
Unlawful sale of A body [armor] VEST is a class A misdemeanor for the
first offense and a class E felony for any subsequent offense.
§ 14. Section 396-eee of the general business law, as amended by chap-
ter 371 of the laws of 2022, is amended to read as follows:
§ 396-eee. Unlawful sale or delivery of body [armor] VESTS. 1. No
person, firm or corporation shall sell or deliver body [armor] VESTS to
any individual or entity not engaged or employed in an eligible profes-
sion, and except as provided in subdivision [two] THREE of this section,
no such sale or delivery shall be permitted unless the transferee meets
in person with the transferor to accomplish such sale or delivery.
2. The provisions of subdivision one of this section regarding in
person sale or delivery shall not apply to purchases made by [federal,]
state[,] or local government agencies for the purpose of furnishing such
body [armor] VESTS to employees in eligible professions.
3. For the purposes of this section, "body [armor] VEST" shall have
the same meaning as defined in subdivision two of section 270.20 of the
penal law.
4. Any person, firm or corporation that violate the provisions of this
section shall be guilty of a violation punishable by a fine in an amount
S. 2635 11
not to exceed five thousand dollars for the first offense and in an
amount not to exceed ten thousand dollars for any subsequent offense.
§ 15. Section 144-a of the executive law, as amended by chapter 371 of
the laws of 2022, is amended to read as follows:
§ 144-a. Eligible professions for the purchase, sale, and use of body
[armor] VESTS. The secretary of state in consultation with the division
of criminal justice services, the division of homeland security and
emergency services, the department of corrections and community super-
vision, the division of the state police, and the office of general
services shall promulgate rules and regulations to establish criteria
for eligible professions requiring the use of A body [armor] VEST, as
such term is defined in subdivision two of section 270.20 of the penal
law. Such professions shall include those in which the duties may expose
the individual to serious physical injury that may be prevented or miti-
gated by the wearing of A body [armor] VEST. Such rules and regulations
shall also include a process by which an individual or entity may
request that the profession in which they engage be added to the list of
eligible professions, a process by which the department shall approve
such professions, and a process by which individuals and entities may
present proof of engagement in eligible professions when purchasing A
body [armor] VEST.
§ 16. Section 228 of the executive law is REPEALED.
§ 17. Subdivision 2 of section 898 of the general business law, as
amended by chapter 371 of the laws of 2022, is amended to read as
follows:
2. Before any sale, exchange or disposal pursuant to this article, a
national instant criminal background check must be completed by a dealer
who [shall submit a request to the division of state police pursuant to
section two hundred twenty-eight of the executive law] CONSENTS to
conduct such check, AND UPON COMPLETION OF SUCH BACKGROUND CHECK, SHALL
COMPLETE A DOCUMENT, THE FORM OF WHICH SHALL BE APPROVED BY THE SUPER-
INTENDENT OF STATE POLICE, THAT IDENTIFIES AND CONFIRMS THAT SUCH CHECK
WAS PERFORMED. Before a dealer who [has submitted a request to the divi-
sion of state police] CONSENTS to conduct a national instant criminal
background check delivers a firearm, rifle or shotgun to any person,
either (a) NICS [shall have] issued a "proceed" response TO THE DEALER,
or (b) thirty calendar days shall have elapsed since the date the dealer
[submitted a request to the division of state police to contact the]
CONTACTED NICS to initiate a national instant criminal background check
and NICS has not notified the [division of state police] DEALER that the
transfer of the firearm, rifle or shotgun to such person should be
denied.
§ 18. Paragraph (c) of subdivision 1 of section 896 of the general
business law, as amended by chapter 371 of the laws of 2022, is amended
to read as follows:
(c) [coordinate with the division of state police to] provide access
at the gun show to A FIREARM DEALER LICENSED UNDER FEDERAL LAW WHO IS
AUTHORIZED TO perform a national instant criminal background check
[prior to any firearm sale or transfer] WHERE THE SELLER OR TRANSFEROR
OF A FIREARM, RIFLE OR SHOTGUN IS NOT AUTHORIZED TO CONDUCT SUCH A CHECK
BY (I) REQUIRING FIREARM EXHIBITORS WHO ARE FIREARM DEALERS LICENSED
UNDER FEDERAL LAW AND WHO ARE AUTHORIZED TO CONDUCT A NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK TO PROVIDE SUCH A CHECK AT COST OR (II) DESIG-
NATING A SPECIFIC LOCATION AT THE GUN SHOW WHERE A FIREARM DEALER
LICENSED UNDER FEDERAL LAW WHO IS AUTHORIZED TO CONDUCT A NATIONAL
INSTANT CRIMINAL BACKGROUND CHECK WILL BE PRESENT TO PERFORM SUCH A
S. 2635 12
CHECK AT COST. Any firearm dealer licensed under federal law who
[submits a request to the division of state police to perform] PERFORMS
a national instant criminal background check pursuant to this paragraph
shall provide the seller or transferor of the firearm, rifle or shotgun
with a copy of the United States Department of Treasury, Bureau of Alco-
hol, Tobacco and Firearms Form ATF F 4473 and such dealer shall maintain
such form and make such form available for inspection by law enforcement
agencies for a period of ten years thereafter.
§ 19. Section 19 of chapter 371 of the laws of 2022 is REPEALED.
§ 20. Section 400.06 of the penal law is REPEALED.
§ 21. Section 99-pp of the state finance law as added by chapter 371
of the laws of 2022, is REPEALED.
§ 22. Subdivision 19 of section 265.00 of the penal law, as amended by
chapter 371 of the laws of 2022, is amended to read as follows:
19. "Duly authorized instructor" means (a) a duly commissioned officer
of the United States army, navy, marine corps or coast guard, or of the
national guard of the state of New York; or (b) a duly qualified adult
citizen of the United States who has been granted a certificate as an
instructor in small arms practice issued by the United States army, navy
or marine corps, or by the adjutant general of this state, [or by the
division of criminal justice services,] or by the national rifle associ-
ation of America, a not-for-profit corporation duly organized under the
laws of this state; OR (c) [by] a person duly qualified and designated
by the department of environmental conservation UNDER PARAGRAPH C OF
SUBDIVISION THREE OF SECTION 11-0713 OF THE ENVIRONMENTAL CONSERVATION
LAW as its agent in the giving of instruction and the making of certif-
ications of qualification in responsible hunting practices; or (d) a New
York state 4-H certified shooting sports instructor.
§ 23. Subdivision 18 of section 400.00 of the penal law, as amended by
chapter 371 of the laws of 2022, is amended to read as follows:
18. Notice. Upon the issuance of a license, the licensing officer
shall issue therewith[, and such licensee shall attest to the receipt
of,] the following [information and notifications: (a) the grounds for
which the license issued may be revoked, which shall include but not be
limited to the areas and locations for which the licenses issued under
paragraph (f) of subdivision two of this section prohibits the
possession of firearms, rifles, and shotguns, and that a conviction
under sections 265.01-d and 265.01-e of this chapter are felonies for
which licensure will be revoked;
(b) a notification regarding the requirements for safe storage which
shall be] NOTICE in conspicuous and legible twenty-four point type on
eight and one-half inches by eleven inches paper stating in bold print
the following:
WARNING: RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK STATE.
[WHEN STORED IN A HOME] FIREARMS[, RIFLES, OR SHOTGUNS] MUST EITHER BE
STORED WITH A GUN LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY OR NOT
BE LEFT OUTSIDE THE IMMEDIATE POSSESSION AND CONTROL OF THE OWNER OR
OTHER LAWFUL POSSESSOR IF A CHILD [UNDER THE AGE OF EIGHTEEN] RESIDES IN
THE HOME OR IS PRESENT, OR IF THE OWNER OR POSSESSOR RESIDES WITH A
PERSON PROHIBITED FROM POSSESSING A FIREARM UNDER STATE OR FEDERAL LAW.
FIREARMS SHOULD BE STORED [BY REMOVING THE AMMUNITION FROM AND SECURELY
LOCKING SUCH FIREARM] UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM
AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR OTHER PROHIBITED
PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH. [WHEN STORED IN A
VEHICLE OUTSIDE THE OWNER'S IMMEDIATE POSSESSION OR CONTROL, FIREARMS,
S. 2635 13
RIFLES, AND SHOTGUNS MUST BE STORED IN AN APPROPRIATE SAFE STORAGE
DEPOSITORY AND OUT OF SIGHT FROM OUTSIDE OF THE VEHICLE.
(c) any other information necessary to ensure such licensee is aware
of their responsibilities as a license holder.]
Nothing in this subdivision shall be deemed to affect, impair or
supersede any special or local law relating to providing notice regard-
ing the safe storage of rifles, shotguns or firearms.
§ 23-a. Subdivision 19 of section 400.00 of the penal law is
REPEALED.
§ 24. Subdivisions 11 and 12 of section 265.00 of the penal law, as
amended by chapter 371 of the laws of 2022, are amended to read as
follows:
11. "Rifle" means a weapon designed or redesigned, made or remade, and
intended to be fired from the shoulder and designed or redesigned and
made or remade to use the energy of the explosive IN A FIXED METALLIC
CARTRIDGE to fire only a single projectile through a rifled bore for
each single pull of the trigger [using either: (a) fixed metallic
cartridge; or (b) each projectile and explosive charge are loaded indi-
vidually for each shot discharged. In addition to common, modern usage,
rifles include those using obsolete ammunition not commonly available in
commercial trade, or that load through the muzzle and fire a single
projectile with each discharge, or loading, including muzzle loading
rifles, flintlock rifles, and black powder rifles].
12. "Shotgun" means a weapon designed or redesigned, made or remade,
and intended to be fired from the shoulder and designed or redesigned
and made or remade to use the energy of the explosive IN A FIXED SHOTGUN
SHELL to fire through a smooth [or rifled] bore either a number of ball
shot or a single projectile for each single pull of the trigger [using
either: (a) a fixed shotgun shell; or (b) a projectile or number of ball
shot and explosive charge are loaded individually for each shot
discharged. In addition to common, modern usage, shotguns include those
using obsolete ammunition not commonly available in commercial trade, or
that load through the muzzle and fires ball shot with each discharge, or
loading, including muzzle loading shotguns, flintlock shotguns, and
black powder shotguns].
§ 25. Severability. If any clause, sentence, paragraph or section of
this act shall be adjudged by any court of competent jurisdiction to be
invalid, the judgment shall not affect, impair or invalidate the remain-
der thereof, but shall be confined in its operation to the clause,
sentence, paragraph or section thereof directly involved in the contro-
versy in which the judgment shall have been rendered.
§ 26. This act shall take effect immediately; provided, however:
(a) if the amendments to subdivision 4-a of section 400.00 of the
penal law made by section one of chapter 371 of the laws of 2022 shall
not have taken effect on or before such date then the amendments to
subdivision 4-a of section 400.00 of the penal law as amended by section
one of this act shall take effect on the same date and in the same
manner as such chapter of the laws of 2022 takes effect;
(b) if section seventeen of chapter 371 of the laws of 2022 shall not
have taken effect on or before such date then the amendments to subdivi-
sion 2 of section 898 of the general business law made by section seven-
teen of this act shall take effect on the same date and in the same
manner as such section of such chapter of the laws of 2022 takes effect;
(c) if section eighteen of chapter 371 of the laws of 2022 shall not
have taken effect on or before such date then the amendments to para-
graph (c) of subdivision 1 of section 896 of the general business law
S. 2635 14
made by section eighteen of this act shall take effect on the same date
and in the same manner as such section of such chapter of the laws of
2022 takes effect;
(d) if section twenty-two of chapter 371 of the laws of 2022 shall not
have taken effect on or before such date then the amendments to subdivi-
sion 19 of section 265.00 of the general business law made by section
eighteen of this act shall take effect on the same date and in the same
manner as such section of such chapter of the laws of 2022 takes effect.
